Tuvalu

Constitution of Tuvalu (1978, last amended 1986)

Updated: June 2015

Table of Contents:




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Section 87 states:

(1) Members of Parliament shall be elected under a system of universal, citizen, adult suffrage, in accordance with this Constitution and any law made for the purposes of section 89 (electoral laws).

(2) All contested elections of members of Parliament shall be held by secret ballot…

 

Section 91 states:

A person is entitled to be registered as an elector in Parliamentary elections if…

  • (a) he is a citizen of Tuvalu; and
  • (b) he has attained the age of 18 years…

 

Excerpts from the Constitution of Tuvalu (1978, amended 1986)

 


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Section 4, subsection (1) states:

If at any stage of the proceedings a candidate —…

  • (b) becomes, in the opinion of the Governor-General, seriously incapacitated, the provisions of subsection (3) apply.

 

Section 58, subsection (1) states:

Subject to any Act of Parliament, the Governor-General shall perform the functions of the Head of State when the Sovereign is —…

  • (b) incapacitated…

 

Section 64 states:

(1) If in the opinion of the Head of State, acting in his own deliberate judgment after consultation, in confidence, with the other Ministers —

  • (a) the Prime Minister is unable to perform properly the functions of his office because of infirmity of body or mind; and
  • (b) it is desirable in the interests of the good government of Tuvalu that the question of removing him from office should be investigated, the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practice medicine in Tuvalu or elsewhere to investigate the question of the capacity of the Prime Minister…

(3) If after considering the report the Head of State, acting in his own deliberate judgment, is satisfied that it is in the interests of the good government of Tuvalu to do so, he may, acting in his own deliberate judgment, by written notice to…remove the Prime Minister from office.

 

Section 90, subsection (3) states:

A person is not entitled to vote in an election if…

  • (b) except as prescribed, he is for any reason unable to attend in person at the place and time fixed for the polling.

 

Section 92, subsection (1) states:

A person is not entitled to be registered as an elector in Parliamentary elections if …

  • (b) he is certified to be insane, or otherwise adjudged to be of unsound mind…

 

Section 95, subsection (1) states:

A person is not qualified to be elected as a member of Parliament if —

(b) he is certified to be insane, or otherwise adjudged to be of unsound mind…

 

Section 99 states:

If more than 50 percent of the persons who are registered as electors for Parliamentary elections in an electoral district sign a petition to the Head of State stating that a member of Parliament for that district is unable to perform properly the functions of a member because of infirmity of body or mind, the succeeding provisions of this section apply.

 

Excerpts from the Constitution of Tuvalu (1978, amended 1986)

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Section 87 states:

(2) All contested elections of members of Parliament shall be held by secret ballot.

(3) The provisions of subsection (2) shall not be considered to be contravened by a law that makes reasonable provision for assistance in voting to be given, on request, to any person.

 

Section 90, subsection (3) states:

A person is not entitled to vote in an election if…

  • (b) except as prescribed, he is for any reason unable to attend in person at the place and time fixed for the polling.

 

Excerpts from the Constitution of Tuvalu (1978, amended 1986)

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Section 4, subsection (1) states:

If at any stage of the proceedings a candidate —…

  • (b) becomes, in the opinion of the Governor-General, seriously incapacitated, the provisions of subsection (3) apply.

 

Section 58, subsection (1) states:

Subject to any Act of Parliament, the Governor-General shall perform the functions of the Head of State when the Sovereign is —…

  • (b) incapacitated…

 

Section 64 states:

(1) If in the opinion of the Head of State, acting in his own deliberate judgment after consultation, in confidence, with the other Ministers —

  • (a) the Prime Minister is unable to perform properly the functions of his office because of infirmity of body or mind; and
  • (b) it is desirable in the interests of the good government of Tuvalu that the question of removing him from office should be investigated, the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practice medicine in Tuvalu or elsewhere to investigate the question of the capacity of the Prime Minister…

(3) If after considering the report the Head of State, acting in his own deliberate judgment, is satisfied that it is in the interests of the good government of Tuvalu to do so, he may, acting in his own deliberate judgment, by written notice to…remove the Prime Minister from office.

 

Section 95, subsection (1) states:

A person is not qualified to be elected as a member of Parliament if —

  • (b) he is certified to be insane, or otherwise adjudged to be of unsound mind…

 

Section 99 states:

If more than 50 percent of the persons who are registered as electors for Parliamentary elections in an electoral district sign a petition to the Head of State stating that a member of Parliament for that district is unable to perform properly the functions of a member because of infirmity of body or mind, the succeeding provisions of this section apply.

 

Excerpts from the Constitution of Tuvalu (1978, amended 1986)